Pearsall v. Westcott
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Saratoga county. Action by Samuel J. Pearsall against James H. Westcott and .another. Prom a judgment for plaintiff, defendants appeal.
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Appeal from special term, Saratoga county. Action by Samuel J. Pearsall against James H. Westcott and .another. Prom a judgment for plaintiff, defendants appeal. The plaintiff, in his complaint, averred that he was the owner of part of lot No. 52 on a map of lands of Henry Walton, deceased, in Saratoga Springs, N. Y.; that the defendants owned the adjoining premises on the north; that he had been in possession of his said lot over 30 years, and the wall between his premises and that of the defendants had been on the same line for the whole of said period. Said wall is eight inches thick, and…
1Per curiam
The court below found that the plaintiff was the owner of the premises -described in the complaint, and hence that his north line extended to the center of the 8-inch brick wall between his lot and that of the defendants; also, that said wall was a party wall, used as such for over 30 years; and that the plaintiff had a right to use it as such; but he directed a judgment en-’ joining and restraining the defendants “from entering upon or interfering with the south half thereof.” After a careful consideration of the evidence, we are of the opinion that it does not sustain the finding of the…
2Cases cited4 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Negus v. . BeckerNew York Court of Appeals · 1894
- Avery v. . Empire Woolen CompanyNew York Court of Appeals · 1880
- Nash v. KempNew York Supreme Court · 1874
3Cited by1 opinion
- Florida Power Corporation v. McNeelyDistrict Court of Appeal of Florida · 1960